2008 (8) TMI 358 - HC - Customs

Confiscation - Dues - Appeal - Locus standi - Held that - From the meaning of tie word confiscate/confiscation we find that if any property has been confiscated it vests in the State and no person can claim any right title or interest over it thus the question of first charge or the second charge over the properties would not arise. The debt does not get extinguished but it cannot be recovered from the confiscated property. That being the position we do not find any merit in the writ petition. So far as the challenge to the order of confiscation is concerned we may mention here that the petitioner has no locus standi to challenge the order of confiscation as the respondent no. 4 has already preferred an appeal against it. However if in appeal preferred by respondent no. 4 the order of confiscation is set aside then the Bank can proceed against the properties in question in accordance with law.

Summary

Issues:
- Challenge to letter/communications and orders issued by Customs & Central Excise
- Confiscation of mortgaged/hypothecated property
- Prohibition on interference with proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- Priority of bank's charge over tax dues
- Interpretation of the term "confiscate" in legal context

Analysis:

1. Challenge to Customs & Central Excise Orders:
The petitioner, Punjab National Bank, sought to quash letters and orders issued by the Assistant Commissioner (Legal) and Commissioner of Customs & Central Excise regarding the confiscation of properties mortgaged by M/s. Rathi Ispat Ltd. The bank also sought prohibition on interference with the Securitization Act proceedings. The key contention was the objection raised by the Customs & Central Excise authorities against the bank's possession of the properties due to the confiscation orders.

2. Confiscation of Mortgaged Property:
M/s. Rathi Ispat Ltd. had defaulted on loans from the bank and faced confiscation of assets by the Central Excise Department. The court noted that the properties were confiscated as per orders, and the bank's possession was challenged based on this confiscation. The court clarified that when property is confiscated, it vests in the State, precluding any claims or interests by individuals or entities over the confiscated assets.

3. Prohibition on Interference with Securitization Act:
The petitioner sought relief from interference in the Securitization Act proceedings related to the mortgaged properties. The court emphasized that the bank's right to proceed against the properties would be contingent on the outcome of the appeal filed by M/s. Rathi Ispat Ltd. against the confiscation orders. If the confiscation is set aside in the appeal, the bank can take action as per the law.

4. Priority of Bank's Charge Over Tax Dues:
The petitioner argued for the bank's first charge over the mortgaged properties, citing legal precedents. The court considered the precedence of the Crown's debts in such cases and highlighted that the confiscation of property by the State takes precedence over any claims or charges by creditors. The court referenced legal dictionaries and authorities to elucidate the concept of confiscation and its implications on property rights.

5. Interpretation of "Confiscate" in Legal Context:
The court delved into the legal definitions of "confiscate" from various sources to establish that confiscation entails the appropriation of property to the State as a penalty. The court clarified that once property is confiscated, no individual can assert rights or interests over it. This legal interpretation formed the basis for dismissing the writ petition challenging the confiscation orders and emphasizing the State's ownership of confiscated assets.

In conclusion, the court dismissed the writ petition, emphasizing the State's ownership of confiscated properties and the bank's limited recourse pending the appeal outcome. The judgment underscored the legal implications of confiscation on property rights and creditor claims, providing a comprehensive analysis of the issues raised in the case.